Bylaws

K.S.A. 40-1012 — under MUTUAL FIRE AND TORNADO COMPANIES.

K.S.A. 40-1012

40-1012. Bylaws. The directors of any company organized under the provisions of this article may make such bylaws, not in conflict with the constitution or laws of this state, as two-thirds of the whole number of directors shall adopt, and any amendments of such bylaws may be adopted in the same manner, by being presented to the secretary and be included in his notice to directors of either a regular or a special meeting of the board of directors. Such bylaws may provide for the compensation of the officers of the company, the manner of making proof of loss, and the adjustment of losses, and may provide that any member of said company failing to pay any assessment legally made on his, her or their deposit note or notes, according to the constitution and bylaws of the said company, may be excluded from all benefit of insurance during all the time in which he, she or they may be so in default; and may provide for all other rules and regulations needful for the transaction of the business of the company. History: L. 1927, ch. 231, 40-1012; L. 1933, ch. 73, § 1 (Special Session); December 30. Source or prior law: L. 1875, ch. 111, § 10; L. 1885, ch. 132, § 15; R.S. 1923, 40-436. CASE ANNOTATIONS 1. Bylaws are part of contract. Smith v. Insurance Co., 82 Kan. 697, 109 P. 390. 2. Bylaws provided policy void if personal property mortgaged; policy held void. Akers v. Farmers Alliance Ins. Co., 118 Kan. 241, 245, 234 P. 956. 3. Mutual fire insurance companies authorized to make bylaws. Kennedy v. Farmers Alliance Ins. Co., 127 Kan. 768, 770, 275 P. 214. 4. Cited in holding agent authorized to make correction in application. Bussell v. Mennonite Mutual Fire Ins. Co., 137 Kan. 542, 543, 21 P.2d 308. 5. Bylaw, requiring consent for additional insurance, strictly applied. Jackson v. Republic Mutual Fire Ins. Co., 138 Kan. 571, 574, 27 P.2d 296. 6. Bylaw requiring consent for additional insurance; no consent; policy forfeited. Lohr v. Farmers Alliance Ins. Co., 144 Kan. 776, 778, 62 P.2d 837. 7. Bylaw concerning waiver of policy provision applied; parol agreement void. Peterson v. Farmers' Mutual Ins. Co., 155 Kan. 244, 248, 124 P.2d 504. 8. Application for membership and bylaws are integral parts of policy. Lallak v. Farmers' Mutual Ins. Co., 174 Kan. 720, 721, 722, 723, 257 P.2d 933. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026